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Case Brief · caselaw.co.ke
Supreme CourtDismissedApplication 13 of 2020

Equip Agencies Limited v I & M Investment Bank & 3 others

Supreme Court of Kenya
17 March 2021
1,601 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Supreme Court cannot hear appeals from interim Court of Appeal rulings unless exceptional circumstances exist.

What this practically means

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The Supreme Court dismissed a case from Divyesh Patel, who tried to appeal a Court of Appeal decision refusing an injunction over a land dispute. The Court ruled it lacks jurisdiction to hear appeals from interim rulings under rule 5(2)(b) of the Court of Appeal Rules, unless very exceptional circumstances are shown. Since the main case is still in the High Court, the Supreme Court will not step in. Patel must continue his case in the lower courts.

Executive summary

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The Supreme Court dismissed an application for injunction and the accompanying petition, holding that it lacked jurisdiction to entertain an appeal from a Court of Appeal ruling under rule 5(2)(b) of the Court of Appeal Rules. The applicant, Divyesh Indubhai Patel, sought to appeal a Court of Appeal decision that had affirmed the High Court's refusal to grant an injunction over land parcel LR No Gilgil Township Block 2/210 pending the hearing of the main suit. The applicant argued that the Court of Appeal had exceeded its jurisdiction by delving into the merits of the case. However, the Supreme Court, relying on its precedents in Daniel Kimani Njihia, Teachers Service Commission, and Deynes Muriithi, reiterated that discretionary rulings under rule 5(2)(b) are not appealable to the Supreme Court save in very exceptional circumstances, which the applicant failed to establish. The court further noted that the substantive dispute remained pending before the High Court, reinforcing the lack of jurisdiction. The application and petition were dismissed with costs to the applicant.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether this court has jurisdiction to hear and determine the instant application and subsequently the appeal
  2. 2.whether the court should grant orders for injunction

Key legal issues

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01

Whether the Supreme Court has jurisdiction to hear an appeal from a Court of Appeal ruling under rule 5(2)(b) of the Court of Appeal Rules.

Holding

The Supreme Court lacks jurisdiction to hear such an appeal, save in very exceptional circumstances not established here.

Reasoning

The court relied on its prior decisions in Daniel Kimani Njihia, Teachers Service Commission, and Deynes Muriithi, which established that discretionary rulings under rule 5(2)(b) are not appealable to the Supreme Court. The applicant failed to demonstrate any exceptional basis to depart from this settled principle. The court also noted that the substantive dispute remained pending in the High Court, further reinforcing the lack of jurisdiction.

02

Whether the Supreme Court can grant an injunction pending appeal where the substantive matter is still before the High Court.

Holding

The Supreme Court cannot grant such an injunction because it lacks jurisdiction over the underlying appeal, and the substantive dispute remains unresolved at the High Court.

Reasoning

The court applied its holding in Boniface Katana Kilaveri v Ethics & Anti-Corruption Commission, stating that where the substantive matter is still pending before the High Court, the Supreme Court would be hesitant to assume jurisdiction. Since the Court of Appeal ruling under rule 5(2)(b) was not appealable, there was no valid appeal pending to support the injunction.

Legal principles established

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  • Appeals from Court of Appeal interim rulings under rule 5(2)(b) cannot go to the Supreme Court except in very rare cases.
  • The Supreme Court will not take jurisdiction if the main dispute is still pending in the High Court.
  • A party seeking to appeal an interim ruling must show exceptional circumstances, not just disagreement with the decision.
  • The Supreme Court follows its own precedents strictly on jurisdictional limits.
  • Costs follow the event: the losing party pays the other side's legal fees.

Court orders

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  1. 1.The application dated June 26, 2020, is hereby dismissed
  2. 2.The decision of the Court of Appeal delivered on May 8, 2020, declining Orders for injunction is hereby affirmed
  3. 3.Consequently, Petition No 10 of 2020 is hereby dismissed
  4. 4.The costs of this application and Petition shall be borne by the applicant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Philomena Mbete Mwilu
P. M. MwiluSCJ
Currently serving
majority

Wrote the judgment

majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
On appeal from
Court of Appeal at Nairobi
Civil Application No 31 of 2019 (UR 37/2019)
Jurisdiction invoked
Article 163(4)(a) of the Constitution

Relief refused

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Injunction restraining the respondent from interfering with the applicant’s ownership or title to LR No Gilgil Township Block 2/210 pending hearing of Petition No 10 of 2020

The court lacks jurisdiction to entertain both the application and intended appeal

Costs

The costs of this application and Petition shall be borne by the applicant

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

it is clear that save in very exceptional circumstances, an appeal does not lie to this court, from the Court of Appeal’s Ruling under rule 5(b) of that Court’s Rules
p. 5 Jurisdiction over rule 5(2)(b) rulings
where the substantive matter is still pending before the High Court, the Supreme Court would be hesitant to assume jurisdiction
p. 1 Supreme Court jurisdiction when substantive matter is at High Court

Key timeline

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Before June 2020
High Court refuses to grant an injunction over land parcel LR No Gilgil Township Block 2/210.
May 8, 2020
Court of Appeal affirms the High Court's refusal, declining to issue an injunction.
June 26, 2020
Divyesh Patel files an application and petition at the Supreme Court seeking to appeal the Court of Appeal ruling.
Judgment date
Supreme Court dismisses the application and petition, affirming the Court of Appeal decision.

Practical implications

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For lawyers

Limit appeals from interim rulings

When advising clients on interlocutory appeals, note that rule 5(2)(b) rulings are final at the Court of Appeal level. To reach the Supreme Court, you must prove exceptional circumstances—such as a clear jurisdictional error or a matter of public importance—not just a disagreement on merits. Prepare this argument early, as the Court strictly follows precedent.

For businesses

Land disputes stay in lower courts

If you are involved in a land dispute and lose an interim injunction bid at the High Court and Court of Appeal, you cannot jump to the Supreme Court. You must continue the main case in the High Court. The Supreme Court will only intervene in very rare cases, so focus your resources on winning the main suit rather than appealing interim orders.

For individuals

Know your appeal options

If a court refuses to stop someone from using your land while your case is ongoing, you cannot appeal that refusal all the way to the Supreme Court unless there is something very unusual. You must wait for the final decision in your case. This saves you time and money, as you avoid pursuing a dead-end appeal.

Frequently asked questions

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Can I appeal a Court of Appeal interim ruling to the Supreme Court in Kenya?+

Generally, no. The Supreme Court only hears appeals from final decisions of the Court of Appeal, not interim rulings under rule 5(2)(b). You must show very exceptional circumstances, like a serious legal error affecting the whole case, to be allowed to appeal.

What happens if my land dispute case is still in the High Court in Kenya?+

The Supreme Court will not take over your case while it is still pending in the High Court. You must finish the main case there first. Only after the High Court and Court of Appeal have made final decisions can you consider appealing to the Supreme Court.

What are exceptional circumstances for Supreme Court appeal in Kenya?+

Exceptional circumstances are rare situations where the interim ruling causes irreversible harm or raises a fundamental legal question. The Court has not defined them exactly, but you must prove that the normal appeal process is not enough to protect your rights.

Who pays costs if I lose a Supreme Court appeal in Kenya?+

The losing party pays the costs of the winning party. In this case, Divyesh Patel had to pay the costs of both his application and the main petition. This means you could be liable for the other side's legal fees if your appeal is dismissed.

Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Equip Agencies Limited v I & M Investment Bank & 3 others", Case Analysis (2021). Application 13 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/70/eng@2021-03-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.